Public commenter presses commissioners after sheriff's report on gopher shooting at Scoby Cemetery

A Daniels County resident used public comment time on Aug. 19 to ask whether cemetery boards are required to make audio recordings and to raise safety concerns after a sheriff’s office report described a person shooting gophers at Scoby Cemetery on Memorial Day.

John Liand read portions of a Daniels County Sheriff’s Office report that said deputies responded, spoke with witnesses and the person shooting gophers, and that the cemetery is outside city limits. The deputy’s report—signed in the transcript by “Rex Salen Morgan Jr., Chief Deputy”—stated that, absent a local cemetery rule, the sheriff’s office has limited enforcement options and cited state law (MCA 45‑5‑343) related to firing firearms in the county.

Liand urged the board to make local rules clarifying what is allowed on cemetery property and to publish guidance so caretakers and visitors understand safety expectations. He said he worried about ricochets and people hunting near monuments and encouraged the county to treat public safety as paramount.

What the sheriff’s report said: deputies investigated calls about a person shooting gophers at Scoby Cemetery on May 27, 2024, and again later; the deputy who filed the report advised that the cemetery is outside municipal limits and that the office could not take additional action until a cemetery board or commissioners adopt specific rules restricting conduct there.

Outcome: Commissioners acknowledged the concern, discussed how local boards and recording/minutes practices intersect with enforcing rules, and asked staff to consider how the county and cemetery boards might address the issue. No new enforcement action or rule was adopted at the meeting.

Next steps: Commissioners or the cemetery board can create or clarify local rules; the clerk said she would continue checking how other cemeteries handle the issue and provide information at a future meeting.